Substantive Criminal Regulation
Case Short Mod 1
UNITED STATES of America, Plaintiffs,
Monte Dale THOMPSON, Defendant.
The hawaiian islands Supreme The courtroom (1986)
Parties: [Parties to the case]
U. S. (Plaintiff) v. Thompson (Defendant)
Facts: [Briefly state the relevant facts of the case that the court docket relied upon to reach their decision вЂ“ normally 1-2 paragraphs] The Bretons happen to be sought to cancel the Agreement of Sale of a leasehold interest and for injuries. The Bretons alleged that CPS had breached the Agreement simply by defaulting within the payment due thereon and by vacating the premises.
Prior Proceedings: [Briefly describe conditions that have occurred in the case for this point] This case was originally helped bring before the Terrain Court in the City and County of Honolulu, Condition of The hawaiian islands. The property court, following your trial, found in favor from the Bretons against CPS. Afterwards, CPS registered a motion to set aside the conclusions of reality, conclusions of law and judgment, also to set the situation for a jury trial. The land court denied the motion.
Issues Offered or Queries of Regulation: [What was the legal issue presented to the court docket? ] Does the land court possess jurisdiction in the subject matter?
Arguments or Objectives from the Parties: [What were the quarrels or objections presented to the court? ] In answer to the Breton's petition to cancel Agreement of Sale, one of CPS's protection was that the land court docket lacked legislation over the topic. Therefore any judgment made is incorrect.
Holding/Rule of Rules: [What was the legal rule(s) or principle(s) the court used on the case? ] " The area court is actually a court of limited legislation, created for an exclusive purpose, those of carrying into effect the system known as the Torrens subject scheme, derives all of its power from the statutes in relation to it, and will exercise simply no power certainly not found within those statutes. вЂќ The Bretons' petition and CPS's counterclaim both are breach of contract actions over which the...